Dáil Éireann Debate, Thursday - 27 March 2014
97. Deputy Bernard J. Durkan asked the Minister for Social Protection if she will accept an appeal in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [14496/14]
View answerFollowing a review of his continued entitlement to disability allowance the person concerned was notified on 5 March 2013 that he was no longer considered medically suitable and that his payment would cease on 20 March 2013.
A review of this decision was carried out by a Deciding Officer of the Department who decided that there was no change to the original decision to disallow disability allowance and the person concerned was notified of this decision on 28 June 2013 and was advised of his right to appeal that decision.
I am advised by the Social Welfare Appeals Office that there is no trace of any appeal of that decision having been received from the person concerned. The appeals office has also advised that, despite an extensive search of its records, there is no evidence of any communication relating to an appeal having issued to the person concerned at either of the addresses mentioned by the Deputy.
Social Welfare (Appeals) Regulations require that appeals against formal statutory decisions made by a Deciding Officer be lodged within 21 days of that decision being notified. While there is provision, within reason, for acceptance of late appeals with the approval of the Chief Appeals Officer, it is not considered that this is an appropriate case for acceptance of a late appeal. However, if the Deputy can provide any evidence relating to the correspondence from the appeals office, which he states was sent to the wrong address, the matter will be investigated further.
As previously advised to the Deputy (replies to representations on 5 and 19 February 2014 refer) it is open to the person concerned to make a new application for disability allowance to the Department and to have the matter determined afresh in light of any changed circumstances.
The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.
